2023 New York Laws :: EPT - Estates, Powers and Trusts :: Article 9 - Perpetuities and Accumulations :: Part 1 - Perpetuities :: 9-1.1 - Rule Against Perpetuities (2024)

Universal Citation:

NY Est Pow & Trusts L § 9-1.1 (2023)

Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.

§ 9-1.1 Rule against perpetuities

(a) (1) The absolute power of alienation is suspended when there areno persons in being by whom an absolute fee or estate in possession canbe conveyed or transferred.

(2) Every present or future estate shall be void in its creation whichshall suspend the absolute power of alienation by any limitation orcondition for a longer period than lives in being at the creation of theestate and a term of not more than twenty-one years. Lives in beingshall include a child conceived before the creation of the estate butborn thereafter. In no case shall the lives measuring the permissibleperiod be so designated or so numerous as to make proof of their endunreasonably difficult.

(b) No estate in property shall be valid unless it must vest, if atall, not later than twenty-one years after one or more lives in being atthe creation of the estate and any period of gestation involved. In nocase shall lives measuring the permissible period of vesting be sodesignated or so numerous as to make proof of their end unreasonablydifficult.

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2023 New York Laws :: EPT - Estates, Powers and Trusts :: Article 9 - Perpetuities and Accumulations :: Part 1 - Perpetuities :: 9-1.1 - Rule Against Perpetuities (2024)
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